McIlmail, D. v. Archdiocese of Philadelphia

In this case we are asked to resolve two issues: (1) are notes and memoranda of witness interviews by a private investigator, acting at the express direction of defense counsel, protected by the work-product doctrine, as defined in Pennsylvania Rule of Civil Procedure No. 4003.3, to the same extent as if the interviews were conducted by counsel, and (2) whether the defense should be estopped from relying upon the work-product doctrine because it pursued disclosure of the identical materials from the claimant's attorneys.

As indicated above, the discovery under review involves notes from…